KEDUDUKAN DAN PERANAN PENASIHAT MAHKAMAH BAGI KANAK-KANAK DALAM SISTEM KEADILAN JENAYAH KANAK-KANAK DI MALAYSIA: ISU DAN CABARAN

Abstract

The establishment of the Court for Children in the juvenile justice system is to provide legal protection for children. This court consists of a Magistrate and two advisors which one of them is a woman as provided in section 11 (2) of the Child Act 2001. Basically, the role of the advisor of the Court for Children is to advise the Magistrate relating to the orders (punishment) to be imposed on children who are in conflict with the law and to advise the parents or guardians whenever necessary. However, Section 11 of the Child Act 2001 is the only provision as regards the advisor of the Court for Children in Malaysia. There are no other guidelines or regulations on the mechanism of execution of duties of the advisor, its appointments, and training requirements. Thus, this study aims to identify the issues and challenges relating to the position and roles of the advisor. An analysis is made of legal documents and academic journals. Semi-structured interviews were also conducted with the Social Welfare Department (JKM), Ministry of Women, Family and Community Development (KPWKM), Legal Affairs Division (BHEUU), Prime Minister Department (JPM), and five Children Court advisors (who are representing the urban and rural areas). The study found that the Children Court advisor was recognized in 1947 via the Juvenile Court Act 1947. However, there are several issues and challenges to be addressed including the jurisdiction, governance structure, a mechanism of execution of duties, appointment criteria, the appointment process, modules, and training for Children Court advisors. The absence of guidelines, specific regulations, or manuals has limited the functions and roles of the Children Court advisor. This study suggests a better legal framework for the Children Court advisors to increase their credibility and professionalism. Thus, they can play an effective role in the juvenile justice system in Malaysia.